Granger v. Roll
South Dakota Supreme Court
Appeal from circuit court, Hand county. Hon. H. G. Fuller, Judge. Action to foreclose a mortgage, and for other relief. From the judgment rendered, plaintiff appeals. The facts are stated in the opinion. An agreement that the amount of a mortgage shall be a part of the purchase money is an assumption of the mortgage debt. 15 Am. and Eng.
Read the full summary
Appeal from circuit court, Hand county. Hon. H. G. Fuller, Judge. Action to foreclose a mortgage, and for other relief. From the judgment rendered, plaintiff appeals. The facts are stated in the opinion. An agreement that the amount of a mortgage shall be a part of the purchase money is an assumption of the mortgage debt. 15 Am. and Eng. Ency. of Law 835; Tichenor v. Dodd, 4 N. J. 454; McMahan v. Stewart, 23 Ind. 590; Kennedy v. Brown, 61 Ala. 296; Heid v. Vreeland, 30 N. J. 591; Gerard v. Stewart, 86 Pa. St. 89; Smith v. Truston, 84 N. Y. 660; Thompson v. Thompson 4 Ohio St. 333; Ferns v.…
1Opinion of the CourtCorson, P. J.
This was an action to foreclose, a real-estate mortgage, and for a personal judgment against Austin D. Hill, a subsequent grantee of the premises, for any deficiency that might remain after a sale of the mortgaged premises. Judgment rendered in favor of Hill and Kate Roll, defendants, and the plaintiff appeals from the order denying a new trial, and from the judgment so far as it dismisses the action against Kate Roll, and denies the plaintiff a personal judgment against Austin D. Hill.
Counsel for respondents made a motion to dismiss the appealfrom the order denying the new trial, upon the…
2Cases cited21 opinions
- Elliott v. SackettSupreme Court of the United States · 1883
- Shepherd v. MaySupreme Court of the United States · 1885
- Belmont v. . ComanNew York Court of Appeals · 1860
- Fiske v. TolmanMassachusetts Supreme Judicial Court · 1878
- Johnson v. . ZinkNew York Court of Appeals · 1873
16 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Zastrow v. KnightSouth Dakota Supreme Court · 1930
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- White v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1906
- Interstate Land & I. Co. v. LoganSupreme Court of Alabama · 1916
- Des Moines Joint Stock Land Bank v. AllenSupreme Court of Iowa · 1935
17 more not listed; retrieve them via the Exa API.